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sachin agarwal (lawyer)     31 May 2013

498a

dear friends, I am imposing this message from the query of the 498A of act.

That if a person who has got married before some time ago and his wife was lived only for one month from the date of marriage and in the month of February 2013 she has gone to her parental home to look after her father because of her father was seriously ill from cancer.  However she has Neither taken permission from her husband nor from the family of her husband.  However the relationship between the husband and wife was going very smooth and happily but in between when she has gone to a parental home, her mother And sisters influenced dishonestlyTo the wife of that person.  In the month of April 2013 her father expired due to cancer.after the expired of father she made blame Farsley upon her husband and family member of her husband And also blamed upon the family of her husband that they have demanded dowry from her.  And due to this reason she falsely blamed that her husband has given ill treatment to her.  Thereafter some false and frivolous complaintshe had filed under section 498 a of the Indian Pennell code and complaint under the domestic violence act before the police and in these false and frivolous complaintsthe cancellation is going on but no result is coming out from the side of the wife.  However the husband a petition for restitution of conjugal rights before the court and this matter is also pending before the court.  The main point in the matter is that the complainant who is the wife has illegally demanded six lacs rupees from husband and threatening to the husband and his family that if there do not pay of the rupees as per demand is then she will make quarter and frivolous complaints for dowry demands and ill-treatment in the court and said you with your family in jail in whole life.  She has in his 498 complaint demanded of rupees six lacs ultimately she has lodged false and frivolous complaint against the family of the husband.  My question is very clear regarding the complaints which was filled by the wife for extortionof the money from husband That can I say that it is the extortion of the wife to demand illegally, dishonestly, malafidely with intention to extort to the husband and his family by the illegal demand.  It is further ask that should be file Criminal complaint against the wife for the extortion of money and threatening to the family of the husband and husband in a false and Frivolous cases be filed and to give the shape of her Malafideintention she has already been filed criminal complaint under section 498A and domestic violence act.  Kindly give me the advice



Learning

 4 Replies

ANEESH TRIVEDI (ADVOCATE) (Advocate)     31 May 2013

sir what advice you wish? till full query noone can understand what is your question and regarding whom, either for wife or husband side? and what exactly is you need in that?

(Guest)

In the light of the above query,following should be noted-

 

1.It's advisable that next time record all the conversation which may take place between the husband and his IN-LAWS including his wife.

 

2.First with certain evidences,trying to prove allegation false is the best way.

 

3.Once you get acquitted, criminal cases may be filed against IN-LAWS.

 

futher....(If need so arises)

 

Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,

Advocate Deepak Gupta (Lawyer)     01 June 2013

If you having proper  evidence file complaint against wife . If police subimtted chargesheet then use at the time of evidence.

NPKailaasam (ADVOCATE & Management Consultant)     24 June 2013

Now a days most of the cases are like this,and you should prove in court of law clearly what you have as evidance to prove the intention of the wife only to draw money filed all these cases and nothing else is true and you can win....


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